New Mexico § 24-1-37 - Lay caregiver; aftercare; designation

§ 24-1-37. Lay caregiver; aftercare; designation

A. A hospital shall provide each patient or the patient's legal guardian with an opportunity

to designate one lay caregiver following the patient's admission into a hospital and

before the patient's discharge to the patient's residence. B. As soon as practicable, a hospital shall attempt to consult with a designated lay

caregiver to prepare the lay caregiver to provide aftercare. The hospital shall provide the lay caregiver with a discharge plan for the patient

that describes the patient's aftercare needs. This discharge plan: (1) may include, but is not limited to: (a) culturally competent training on how to provide care and tasks; (b) medication management guidelines; (c) aftercare guidelines; and (d) an identification of tasks that the discharging health care provider specifies; (2) shall reflect the active engagement of a patient or lay caregiver in the discharge

planning process and incorporate a patient's goals and preferences as much as possible;

and (3) shall educate a lay caregiver in a manner that is consistent with current accepted

practices and is based on an assessment of the lay caregiver's learning needs. C. A hospital shall allow a patient to change the patient's designation of a lay caregiver

in the event that the originally designated lay caregiver becomes unavailable, unwilling

or unable to care for the patient. D. Designation of an individual as a lay caregiver pursuant to this section does not

obligate that individual to accept the role of lay caregiver for the patient. E. The provisions of this section shall not be construed to require a patient to designate

a lay caregiver. F. In the event that a patient or a patient's legal guardian declines to designate

a lay caregiver pursuant to this section, a hospital shall promptly document this

refusal to designate a lay caregiver in the patient's medical record. G. A hospital shall not allow the process of appointing or refusal or failure to appoint

a lay caregiver for a patient to interfere with, delay or otherwise affect the services

that the hospital provides to a patient. H. In the event that a hospital is unable to contact a designated lay caregiver, this

lack of contact shall not interfere with or otherwise affect an appropriate discharge

of the patient. I. The provisions of this section shall not be construed to: (1) create a private right of action against a hospital, hospital employee, contractor

having a contractual relationship with a hospital or duly authorized agent of a hospital;

or (2) remove the obligation of a third-party payer to cover any health care item or

service that the third-party payer is obligated to provide to a patient pursuant to

the terms of a valid agreement, insurance policy, plan or certificate of coverage

or health maintenance organization contract. J. A hospital, hospital employee, contractor having a contractual relationship with

a hospital or duly authorized agent of a hospital shall not be held liable in any

way for an act or omission of a lay caregiver. K. As used in this section: (1) “ aftercare ” means assistance provided in a private home by a designated lay caregiver to a patient

after the patient's discharge from a hospital. “ Aftercare ” includes exclusively those tasks related to a patient's condition at the time of

discharge that do not require the lay caregiver performing the tasks to be a licensed,

certified or otherwise authorized health care provider; (2) “ discharge ” means a patient's exit or release from a hospital to that patient's residence following

an inpatient stay; (3) “ hospital ” means a health facility licensed as a general acute hospital by the department of

health; (4) “ lay caregiver ” means an individual who is eighteen years of age or older, who has been designated

as a lay caregiver pursuant to this section and who provides aftercare to a patient

in the patient's residence; and (5) “ residence ” means a dwelling considered by a patient to be the patient's home, not including

a hospital, nursing home or group home or assisted living facility.